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mind that that was the way in which the prosecution were
going to account for the murder having been committed. A
pair of shears had been taken out of the pocket of the prisoner,
but I do not suppose that even now the Solicitor-General would
suggest that the murder was committed with the shears. The
blows were inflicted with a blunt instrument, and not with a
sharp one. The stick was said to be covered with blood. Now,
if that were the weapon, where would the blood have been
found? There was a little blood upon it for about 6 inches,
which had been examined by Dr. Letheby with a microscope,
and there was no doubt it was human blood. But there was
blood all over the carriage, and this stick being there must
have got splashed with blood, though if it had been used as a
weapon the blood would have been upon the handle. Now,
gentlemen, you have heard me ask Mr. Briggs, the younger,
whether he knew a gentleman of the name of Lee. That
gentleman was examined before the coroner. I cannot under-
stand why he has not been presented before you on the part
of the prosecution, but my learned friend, who has not thought
fit to call him, has, I have no doubt, some good reason satis-



Mr. Serjeant Parry's Opening.

factory to his own mind for not doing so. Mr. Lee, I under- Mr. Serjeant
stand, is a gentleman of independent means. He is the son
of Mr. Lee, one of the first coal merchants, and is altogether
unimpeachable as regards character. He was called, I think,
before the coroner, and he told the coroner what he will tell
you, that on the night of the 9th of July he saw Mr. Briggs,
and, knowing him well, spoke to him at the station. I shall
bring this gentleman before you, who will prove this. He
was going as a passenger to Bow by the train which arrived
at ten o'clock. He says Mr. Briggs got into the first com-
partment of the first-class carriage nearest the engine, and he
said "Good-night, Mr. Briggs," and Mr. Briggs replied
" Good-night, Tom." Nothing else passed between them. He
aw there were two persons in the same part of the carriage,
and the deceased was sitting on the side next the down plat-
form. One man sat on the same side as Mr. Briggs, and the
other opposite to him. There was a light inside, but it was
from the lamp outside that Mr. Lee saw the two persons. It
was quite possible for these passengers to have got out after
he got into another compartment without his seeing it, but they
<lid not appear to have any intention of leaving the carriage
when he saw them. One man, he said the man next the
-deceased was a tall man, and he believed he had dark whiskers.
He would not swear he had whiskers. The other man had
light hair. He could not tell the ages. That is a statement
of what he saw, and that is an important statement, because,
as far as you know of this matter as placed before you on the
part of the prosecution, the murder must have been committed
between Fenchurch Street and Bow, or between Fenchurch
Street and Hackney Wick. There is no reason whatever to
doubt that Mr. Lee saw two men, and that it was the gaslight
that enabled him to see the men so well as he did. As far as
he knew, neither of these men got out of the carriage. He
could not say that Muller was one of them. My learned friend
the Solicitor-General has put before you another theory. He
did not think there were two men. He thought there was
only one, and he gave as a reason that if there had been two
men the pockets of Mr. Briggs would have been rifled, and
the money taken from him, but if there was only one man the
time would not have been long enough to get at the pockets of
the deceased gentleman.

89



Franz Muller.

Mr. Serjeant Now, gentlemen, you will observe that the description given
by Mr. Lee does not answer to the description of Muller in any
way. He says he cannot swear it was Muller, but he says also-
he cannot swear it was not. He is clear, however, that he saw
two men. Now, gentlemen, for some reason or other this
gentleman has been kept back. It would not serve the purposes
of the prosecution to let you know that fact. Therefore Mr.
Lee is not called, because, I suppose, he would embarrass the
theory as to who did this murder and how it was done. I shall
feel it my duty to place that gentleman before you. Mr. Lee
said that at the time he saw Mr. Briggs that gentleman had
his hat on. Here you put an end to the suggestion that this
is the hat of Mr. Briggs, for, if he had it on at the time of the
first blow, it must have been crushed.

Gentlemen, if this were a case of a 10 note, if it were
a case of a bill of exchange, if it were a case of goods exchanged
or sold, of work done, or if it were a miserable squabble
between a hackney cab and a dust cart, I should be per-
mitted to sum up the evidence for the defence. But this
is simply a case of life or death, and the law of England
forbids that to be done. I feel very strongly on this subject;
but we are in a Court of justice, and not in a Court of
legislature, so I forbear to express my opinion further. You
may remember that the prisoner said he was going to see
his sweetheart at Camberwell, and he gave the name of the
girl he was going to see, who Haifa said was a girl of the
town. He had known her before, and had been in the habit
of visiting her. Haifa did not know whether she knew Muller
by his right name, but she will tell you that when you see her.
Her landlady, Mrs. Jones, lives at Stanley Cottage, James
Street, Vassal Road.

Now, gentlemen, this evidence is in the nature of an alibi,
and, if true, it is the most conclusive evidence which can be
given. This young girl knew a person of the name of Alexander
Gill. I shall call Mrs. Jones before you, and she will tell you
that on that night, after nine o'clock, between nine and ten,
Muller called, but the girl Eldred was out. He spoke to Mrs.
Jones or Mrs. Johnson, as he called her, about ten minutes,
and then left. He had his slipper on, and you will remember
that it is clearly proved that upon the night of the murder
90



Mr. Serjeant Parry's Opening.

he had his slipper on when he left the Repsches. He had it on Mr. Serjeant

Pappy
also at Camberwell. That is another circumstance in the case

which makes it very unlikely, as it seems to me, that, with
a slipper on, he could have committed such a crime as this.
He had his slipper on when he left Camberwell. The girl Eldred
had gone out about nine o'clock. Shortly after that, as you
will find by witnesses, Eldred returned, and then Mrs. Jones
told her that Muller had been to see her. (The learned Serjeant
was here interrupted by one of the other learned counsel for
the defence, and, correcting himself, said) I am told it was
Sunday morning when Eldred returned. This only shows you
how very desirable it is that counsel for the defence should
have the right of summing up afterwards. Mrs. Jones told
her that her young Frenchman had come to see her; for Mrs.
Jones, or Johnson, knew him as the young Frenchman. Now,
Mrs. Jones and the young girl Eldred about this time received
a paper which I hold in my hand, and which is a telegraphic
message. That message was received on the 9th of July from
Alexander Gill Strachan, giving an address somewhere in
Whitechapel, and addressed to Miss Eldred, Stanley Cottage,
James Street, Vassal Road, Camberwell. It said

I shall be with you on Sunday at three o'clock, be at home. Yours,
in haste, Alexander Gill Strachan.

Mrs. Jones has two lodgers in her house, one Miss Eldred and
another girl. Both of these girls are what are called unfortunate
girls. Now, that appears to me to be the only blot in the
character of Muller that we have seen in the course of this
very long trial. Gentlemen, when we know well what is going
on in all classes, from the highest to the lowest, our moral
indignation ought not to press too heavily on the heads of thesa
unfortunates. Still, they will have to be watched narrowly to
see whether evidence is or is not true. If you are satisfied that
this telegram is genuine, it is a wonderful coincidence that
this girl should have received it, and that she should be told
on the same day by Mrs. Jones that her young Frenchman
had been to see her. This is a wonderful coincidence. That
this message is a genuine one can be proved beyond all doubt
or question, and Mrs. Jones will tell you that on that night
Muller came to her house; and that, gentlemen, is where



Franz Muller.

Mr. Serjeant Muller himself said he was going when he said he was going to
Camberwell, and, I believe, to see the girl Eldred.

Now, gentlemen, a person suddenly appears before you as
a witness of whom you have heard nothing before; but, if you
believe what this witness will tell you, it will allow you to relieve
the young man at the bar from the fearful consequences of this
charge. I shall call before you a witness whose testimony,
however, will not be very great. An omnibus conductor who
conducts an omnibus from Camberwell Gate remembers this,
and it is one of the results of the inquiries that have been made
by the German Legal Protection Society, who, much to their
honour, although feeling as great a horror at this crime as any
men living, have not allowed the life of their countryman to be
sacrificed, however humble he may be, without giving him the
means of a complete and thorough defence. I shall call this
omnibus conductor before you. He has been to see Muller since
he was in prison, and has been unable to identify him. Mrs.
Jones and Miss Eldred saw him in prison, and, of course,
recognised him at once. It is, however, a very small circum-
stance that I am about to mention. The omnibus conductor
remembers that at seven minutes to ten o'clock on one Saturday
night a passenger got into his omnibus; and, if it should be
that this man was the prisoner before you here to-day, it would
not be the first time that you had heard that he had come
home in a Camberwell omnibus that night. About ten minutes
to ten o'clock on a Saturday night, I say the omnibus con-
ductor recollects a passenger got into his omnibus who had a
carpet slipper on one foot. That is the whole of the evidence
he can give you. It may weigh as naught. A passenger in an
omnibus with a carpet slipper is, however, a very rare kind
of passenger. The time, too, fits with Miiller's visit to Mrs.
Jones.

Now, gentlemen, it may be that on examining him more
may come to his recollection. It is a very trifling circumstance
which he has to speak to, but the very insignificance of it
shows that the man who tells it must be the witness of truth.
If what he had to say had been false, he would have said he
had known Muller, and he would have told you all that was
necessary to prove an alibi. I dared not keep this fact from
you, although I admit it is not of so great importance as
92



Mr. Serjeant Parry's Opening.



others that will be submitted to you. There is, however, one Mr. Serjeant

P&PPV

observation which I ought to have made before, and it is of
such great importance that I am sure you will not regret that
I make it now. It is this, that no marks of blood whatever
have been found on the clothes of the prisoner. It is idle to j
say that he has made away with his clothes, because he clearly
had not done so before his departure from the London docks.
No marks of blood have been found. Gentlemen, it cannot be
doubted that if he were himself the murderer, or if he were
one of two murderers, he would have had marks of blood upon
him. Blood spurted out of Mr. Briggs, and there is no doubt
whatever that his assailant must have been covered with blood,
or, at all events, have had a considerable amount upon his
clothes. Now, the only way in which the prosecution can
answer that statement is this, that the clothes he wore in that
carriage might have been made away with. It appears to me
to be conclusive that they were not made away with after the
murder.

Now, gentlemen, I believe that I have urged upon your
attention every topic that I thought might be honourably
advanced by me on behalf of the prisoner at the bar. I hope,
I sincerely hope, that I have done my duty. Gentlemen, this
case, as I have said all along, is one of suspicion, great
suspicion ; but I hope you will forgive me if, at the last moment
that I shall have the opportunity of saying a word to you I
hope you will forgive me if I entreat you to bear in mind that
the case, if not proved against the prisoner, is equivalent to the
fact of his innocence at all events, so far as your duty is
concerned. " Not guilty " in the English law means this,
either that the person charged is perfectly innocent, or that
the evidence against him the proof brought forward was
not satisfactory to the careful and cautious men who tried
him. Gentlemen, if ever there was a case in which care and
caution ought to be exercised by Christian men before they
arrive at a conclusion it is a case like this, where the life or
death of a fellow-creature hangs upon the balance. Once given,
and the sentence executed, your judgment is irrevocable. You
possess a transcendent power a power which no other institu-
tion in this country possesses. You, the jury, have the
transcendent power to bid that young man to live or to die.

93



Franz Muller.

MP. Serjeant Gentlemen, when you retire after the final charge of the
Pappy

learned judge, there will be a terrible duty cast upon you. Is

there one of you who would not have preferred to be relieved
of that duty? Gentlemen, as I began, so I will end. Whatever
difficulties this young man has had to encounter in this case
whatever difficulties I, as his advocate, have had to encounter
in the performance of my duty I will only say at the end, as
I did at the beginning, that I have the fullest reliance upon
your honour and your caution. I have the fullest reliance that
you will receive every proposition I have made for the prisoner
with the favour it deserves at your hands. Gentlemen, you
will have to pronounce judgment, and I hope and pray the
judgment may be one of mercy.

The Court adjourned at seven minutes past five o'clock.



94



Third Day Saturday, 2pth October, 1864.

The Court met at nine o'clock.

THOMAS LEE, examined by Mr. "METCALFE I reside at King Thomas Lee
Edward Road, Hackney. I am a private gentleman. My
father was in business as a coal merchant. I knew the late
Mr. Briggs, and had known him for the last three or four
years. I saw him last alive on Saturday night, 9th July,
at the Bow station. It was about ten o'clock. He was in a
first-class carriage of a train coming from Fenchurch Street,
which stopped at Bow station. The carriage was the third
or fourth from the engine. I did not notice exactly which.
I said to him, "Good-night, Mr. Briggs." He answered me
and said, " Good-night, Tom." I was sufficiently familiar with
him for him to address me in that way. The train stopped
there longer than usual. I got into a second-class carriage,
nearer the engine, to go to Hackney, where I live. There were
two other persons in the same compartment with Mr. Briggs.
There was a light in the carriage. I believe Mr. Briggs had
his hat on, or I should have noticed it certainly. One of the
persons was sitting on the side of the carriage next the platform,
opposite to Mr. Briggs; the other was sitting on Mr. Briggs's
left-hand side next to him, on the same side of the compartment.
I saw sufficient of those persons to give a description of them
one in particular. The man who sat opposite to Mr. Briggs
was a stoutish, thick-set man, with light whiskers. He had
his hand in the squab or loop of the carriage, and I noticed
that he had rather a large hand. The other man I only saw
casually, but he appeared a tall, thin man, and dark.

To the best of your belief, does the prisoner at the bar appear
like either of those men? I can't swear to him.

Have you any belief on the subject? I should rather think
he was not. I gave no information to the police of what I had
seen. Neither of the persons seemed, when the train came up,

95



Franz Muller.

Thomas Lee as if they were getting out, or moving with the intention of
getting out, at the station. I was in the second-class some-
time before the train moved on. When the carriage came up
I spoke to Mr. Briggs. I saw no apparent intention of those
persons leaving the carriage. I first mentioned this to any one,
I think, on the Monday or Tuesday following, almost as soon
as I heard of the murder being committed. I spoke to a friend
about it first. Subsequently, I believe, it was communicated to
the police, and I was examined before the coroner. I was
called, I don't know on whose part. The coroner directed me
to be there. Before going before the coroner I gave my evidence
to Superintendent Howie, who, I believe, was making inquiries
for the prosecution.

Cross-examined by the SOLICITOR-GENERAL I was not
examined before the magistrate. I live about twenty minutes'
walk from Hackney station. I left my house about eight
o'clock. I cannot be sure what time. My only object in going
to Bow was for a change. I walked up Hackney a little way
for amusement, for a stroll. I think I started from Hackney
by the quarter to nine or nine train. I took a stroll down to
Bow Church. I only went to Bow for a stroll, that's all. I
called in and had a glass of ale in a public-house at Bow just
beyond the church on the left-hand side. I don't know the
name of it. I only had one glass of ale. I can't swear that
I did not go to any other house, but I did not speak to
anybody. I simply went to Bow for a stroll. That is all the
account I can give. I got back to my house about a quarter
to eleven. I did not speak to anybody during that time. I
don't think I saw any one I can remember except Mr. Briggs. I
believe I did not. To the best of my belief, I swear it. I
cannot go beyond that, because it is some time ago. I know
it was Saturday night, the 9th of July, because I heard of
the murder the following week. It was the only night I ever
saw Mr. Briggs at Bow station so late. I heard of the murder,
I think, some time on Monday, about the middle of the day,
at Mr. Ireland's, the Falcon, Fetter Lane, where I have my
dinner generally, or Mr. Lake's, the Anchor eating-house, in
Cheapside. I am not quite certain whether I dined at Mr.
Ireland's or Mr. Lake's that day. I am not quite certain that
96



Evidence for Defence.

it was Monday ; it might have been Tuesday, but I think it was Thomas Lee
Monday. I am quite positive I did not hear of it on Sunday.

Having seen, as you say, Mr. Briggs within a few minutes
of his murder, in company with two men in the same carriage,
why did you not inform the police of that fact? Because I
did not wish to be brought up. I did not see what my evidence
had to do with it.

Pray, consider your answer. Do you mean to adhere to that
answer, that you did not consider your evidence was of
importance? I do.

What! you saw Mr. Briggs three or four minutes before his
murder with two men, whom you say you could describe, and
yet you did not think it of importance to inform the police?
I did not think there was any need of it. That answer I persist
in. I first mentioned that I had seen two men in the carriage
with Mr. Briggs whom I could describe to a friend of mine,
Mr. Tompkins, I think, on the Monday night. I can't swear
to what I only think. Mr. Tompkins is a doctor, but not my
doctor. I have a wife. I am positive I told Mrs. Lee on
Monday night. I told Mr. Tompkins first, because I saw him
before I got home. I think I saw him on Monday. I think
I then told it to Mr. Ireland on the Tuesday. I did not know
at the time I should be called up for anything, therefore these
facts did not impress themselves on me. The next person, I
believe, was Superintendent Howie. I did not go to Superin-
tendent Howie to give information; he came to me on the
following Sunday afternoon, I suppose in consequence of what
he heard I had been talking about. He sent a man round on
Sunday morning and came in the afternoon. I then gave him
some information.

Then I am to take it that during the whole of that week
you, knowing, as you say, that there were two men whom you
could describe, gave no information to the police? Yes.

You did not give it until one of them came to you ? I should
not have given any information at all if they had not come,
because I thought it unimportant, and because I knew how
much bother it was. I have something to do. I collect my
own rents. I was examined before the coroner, and I believe
gave the same account of the men before the coroner that I
have given here now.

H 97



Franz Muller.

Thomas Lee (The SOLICITOR-GENERAL was about to read from the witness's
deposition before the coroner, when Serjeant Parry objected,
on the ground that the depositions had not been put in as
evidence that certain words with reference to the witness's
statement before the coroner he (Serjeant Parry) had read from
the instructions contained in his own brief.

After some little discussion, Serjeant Parry's objection was
sustained, and the witness's cross-examination resumed.)

Cross-examination resumed I don't remember who was
the ticket collector on that night. When I saw Mr.
Briggs the train had just stopped, and I immediately
got into my carriage after bidding him good-night. I have
been in Mr. Briggs's company a good many times more than
half a dozen times a good deal. I never visited or dined
with him or he with me. I have seen him in the city, and
often riding home with him in the same carriage. That was
my only acquaintance with him. He had been in the habit
of calling me " Tom " lately, and I will swear he did so on
that night. My carriage was next to his, nearer to the engine.
I got out at the Hackney station. I did not observe the guard
come with a lamp to his carriage, nor any commotion on the
platform, for I got out quickly. I heard of nothing extra-
ordinary having occurred in the carriage next to me.

Re-examined by SERJEANT PARRY Hackney is not far from
Hackney Wick. I am able to swear I heard of the murder
on Monday or Tuesday. I believe I gave Superintendent Howie
the same account that I have given to-day. He wrote it down.
I have not seen him here. I was examined twice before the
coroner, but not in the sharp way that I have been by the
Solicitor-General to-day. Mr. Beard asked me one or two
questions. I had to go to Bow Street to see if I could identify
Muller. When it was found that I could not identify him I
was not called. I never knew or heard of Muller before in my
life. I have known Mr. Briggs in the way I have described for
two or three years. He was rather of a cheerful, affable dis-
position. He generally used to sleep going home in the railway
carriage; but he was not asleep on the night I bade him good-
night at Bow station. I think the train was late that night.
When I arrived at Hackney I immediately got out of the
98



Evidence for Defence.

carriage and left the station, just as an ordinary passenger, Thomas Lee
but rather quicker, because I was rather late.

By a JUROR When Mr. Briggs was asleep he would keep his
hat on.



GBORGB BTERS, examined by Mr. BESLEY I live at 4 Bridge George Byers
Road, Eburybridge, Pimlico. I am a hatter by trade, and
have been brought up to it from boyhood. I am acquainted
with all the branches of the hat trade, the second-hand trade
most particularly. Cutting down hats and sewing them is usual
in the second-hand hat trade with me and others. It is usual
to stitch them when they have been cut down. (Hat found in
Miiller's possession handed to witness.) This is not done as I
hould do it, because I should stick it with dissolved shellac,
as well as stitch it. That would involve more time and trouble
in the work.

By the CHIEF BARON I should stitch it first, and then
fasten it with dissolved shellac, so that it would be independent
of the stitching. That is the usual way in which it is done in
the trade. I should cut it down, of course, but likewise gum
or fasten it with the dissolved shellac. Some men, I may say,
are bunglers. They might probably in a hurry put a hat
together without stitching.

By a JUROR It would probably take, independent of the
sewing, half an hour to make a good job of a hat, to gum
it, finish it, stick it on, and put the silk in its place after it is
stitched. Then it is finished. If I had a job of that sort,
I should take the leather out ; I should not cut it off. I should
put a new leather in.

WILLIAM LEE, examined by Mr. BBSLBT I am a hatter, resid- William Lee
ing at Queen's Road, Chelsea. I have been for six or seven


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